Virginia Opens the Door to Accessory Dwelling Units Statewide

A new Virginia law (Va. Code § 15.2-2292.4) will require localities to allow accessory dwelling units, or ADUs, in single-family zoning districts starting July 1, 2027. For existing associations, the next twelve months present a key window. Associations that want to restrict ADUs should review their declarations and related governing documents well before the law takes effect. If the documents are silent, and the association wants to address ADUs expressly, amendment is necessary. Developers planning new communities should also consider whether ADU restrictions should be addressed in the original recorded covenants.

Under the statute, an "accessory dwelling unit" is defined as an attached or detached dwelling unit located on the same residential lot as a primary residence that provides complete independent living facilities, and including facilities for living, sleeping, eating, cooking, and sanitation. Due to this new law, community associations may soon see more homeowner interest in garage apartments, basement units, and other accessory dwellings skyrocket.

The statute's most significant provision is straightforward: zoning ordinances for single-family residential districts "shall be deemed to include accessory dwelling units as a permitted accessory use." This means localities can no longer categorically prohibit ADUs in single-family zones. To build an ADU, an owner must obtain an ADU permit from the locality, which may charge a fee of no more than $500 in addition to any other applicable inspection, site, or building permit fees.

Importantly for community associations and developers, the new law does not override agreements and covenants within recorded declarations and/or restrictive covenants, condominium instruments, cooperative instruments, and other private contracts that restrict ADUs. This means that even where zoning now permits an ADU, a homeowner may still be prohibited from building one if applicable restrictive covenants say otherwise. Associations that want to preserve or implement ADU restrictions or prohibitions should review their governing documents now, while there is still time to act.

Sands Anderson’s Business Group and its Community Associations Team are ready to assist you.

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